Harish Chandra Dwivedi and 4 Others v. State of U.P. and Another

Court No. - 80

Case :- APPLICATION U/S 482 No. - 24422 of 2024

Applicant :- Harish Chandra Dwivedi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Tripathi,Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

1. The instant application has been preferred with the prayer to quash the impugned summoning order dated 6.3.2024 passed by learned Additional Chief Judicial Magistrate, Prayagraj and the entire proceedings of Complaint Case No.152 of 2023 titled as Brijesh Kumar Shukla v. Harish Chandra Dwivedi and others, pending in the court of learned Additional Chief Judicial Magistrate, Court No.10, Prayagraj.

1. Learned counsel for the applicants submits that the parties are related to each other and a civil suit bearing Civil Suit No.1726 of 2020 is pending between them before the Civil Judge, Allahabad; the opposite party no.2's wife's father had executed a sale deed in favour of the applicant no.1; the applicant nos.2, 3 & 4 are sons of applicant no.1, and the applicant no.5 is the cousin of applicant nos.2, 3 & 4, therefore, in essence, all are related to each other through various degree of relationship; as a counterblast to the civil suit to create pressure upon the applicants, the opposite party no.2 filed a fabricated complaint before the Magistrate arraying the applicants as accused; on the basis of the statement recorded under section 200 Cr.P.C., the Magistrate issued summons against the applicants, which is perverse and not sustainable in the eyes of law. He further submits that the allegations leveled in the complaint are not supported by any medical examination, neither any public witness has come-forth, and a witness who resides almost 40 kilometers away from the place of incident, has allegedly been examined as a complainant's witness.